Case details

Patron claimed multiple injuries from slip and fall

SUMMARY

$275000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
back, bulging disc, lumbar knee ankle, neurological, radiculopathy, torn, triangular fibrocartilage complex, wrist
FACTS
In the early evening of Dec. 30, 2009, plaintiff Cheri Moi, 42, went with her boyfriend and two sons to a Dave & Buster’s in Ontario, which is a bar and game venue. After being seated in a booth at the bar to eat with her boyfriend, Moi got up and walked to the area where her sons were playing video games. The area where the booth was situated had a carpeted surface, while the area between the bar and arcade had a tiled surface. As Moi made her way around the bar, she stepped from the carpet onto the tile and slipped and fell backward. She claimed to her lower back, neck, right wrist, and both knees and ankles from the fall. Moi sued Dave & Buster’s Inc. She alleged that the defendant negligently maintained the area and failed to warn of a dangerous condition. Moi claimed that a large dish rack of wet drinking glasses was left unattended on the tile surface, causing a puddle of water to accumulate on the floor. She also claimed that there were no wet floor signs warning of the slippery surface. Moi alleged that the area behind the bar was equipped with slip resistant mats, but that the same precaution was not given to the customers. Dave & Buster’s contended that it did know of the dish rack on the tile surface. It also contended that it did not have notice of the alleged puddle., Within days of the accident, Moi complained of pain in her lower back, neck, and right, dominant wrist, as well as in both knees and ankles. She subsequently sought medical treatment, and was diagnosed with a lumbar disc protrusion at the L5-S1 level, resulting in lumbar radiculopathy. She was also diagnosed with a tear of the triangular fibrocartilage complex of the right wrist, and cervical spine myoligamentous strains and sprains. Moi claimed that her lower back condition ultimately worsened and required several epidural injections in the months following the accident. Moi claimed she still experiences lower back pain. She alleged that she requires daily pain medication for her pain and that she no longer has an active lifestyle, including mountain biking and body surfing with her sons. Moi also claimed a loss of enjoyment at work due to the physical toll on her body. Thus, Moi claimed $166,000 in past medical costs and sought $75,000 in damages for her future medical costs and an unspecified amount of damages for her past and future pain and suffering. Defense counsel contended that Moi had several pre-existing conditions that were the source of her complaints, and that she had a history of prior accidents and subsequent personal injury claims. Counsel further contended that Moi’s treatment was not medically necessary and that charges associated with her medical treatment were not reasonable.
COURT
Superior Court of San Bernardino County, Rancho Cucamonga, CA

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